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Home My WebLink About20030910.tiff Town of Berthoud }of "Ri• b 328 Massachusetts Ave. � P.O. Box 1229 0 /My Berthoud, CO 80513-2229 b Ph. 970.532.2643 Fax 970.532.0640 �sf.188$ March 28, 2003 Weld County Commissioners 915 10th St. Greeley, CO. 80632 RE: Wilson Ranch Annexation Dear Sir or Madam: The Town of Berthoud has received an annexation petition for the Wilson Ranch Annexation and a public hearing has been scheduled for April 22, 2003 Pursuant to CRS 31-12-108, please accept this enclosed notice on the Wilson Ranch Annexation. Enclosed are copies of the annexation petition, the Annexation Impact Report, and copies of the published notice. Sincerely, Susan K. Bowles Planning Technician („,,c 2003-0910 oti ,Of?'O , (2°% CI)7 So TOWN OF BERTHOUD, COUNTIES OF LARIMER AND WELD, COLORADO ANNEXATION IMPACT REPORT March 26, 2003 CONCERNING THE WILSON RANCH ANNEXATION In Accordance with Section 31-12-108.5, C.R.S., the Town of Berthoud (the "Town') and McWhinney Property Group, LLC (`Developer) submit the attached annexation impact report. This impact report specifically analyzes the above annexation and identifies impacts on the Town of Berthoud and the municipal services that will be provided. This impact report has been completed at least twenty-five days before the date of the Public Hearing established pursuant to Section 31-12-108, C.R.S. 1 Annexation and the Town of Berthoud State statutes require that any municipality annexing property must provide "urban level services" (i.e. water, wastewater, police, recreation, schools, and other services) to those areas they intend to annex. The Town recognizes this responsibility and can successfully provide these services to those areas under consideration by the Town. The Town has adopted a Comprehensive Plan and Development Code that both describe and require future development within the Town to meet standards that will provide the same levels of service to new areas as it is currently providing within the existing town. These documents, we believe allow the Town to achieve controlled, orderly and efficient growth that any Front Range community could use as an example of smart growth. To accomplish orderly, controlled, quality growth in terms of annexation, the Town relies on the Development Code, Comprehensive Plan, Land Use Plan and the Northern Colorado Regional Planning Study to provide the basic guidelines for construction and development of new areas around the Town. Wilson Ranch Annexation The properties included in this annexation are to be known as the Wilson Ranch Annexation. This area proposed to be annexed is contiguous to the Town and the total area of this annexation is 1,563.27 ACRES +/-. The properties included in this annexation are currently zoned FA-1 and are being used for agricultural purposes. It is proposed that the properties be placed in the PUD Planned Unit Development District upon annexation. Town Boundaries 5 31-12-108.5 (1)(a)(I) The Town's present and proposed boundaries are shown on the attached ANNEXATION MAP. Existing and Proposed Infrastructure 5 Section 31-12-108.5 (1)(a)(II) The majority of the Town's current infrastructure (i.e. water and sewer lines) is located within the existing Town limits except for portions of both the Town's water and sewer systems that are located within parts of unincorporated Weld and Larimer County. The Town is in the process of designing additional infrastructure for this area and plans to provide both water and wastewater to these areas (refer to the map entitled BERTHOUD INFRASTRUCTURE MAP). An intergovernmental agreement between Little Thompson Water District and the Town, adopted September 15, 1999 will enable the Town to provide adequate water service to the proposed annexation. The Town is in process of building a wastewater treatment facility near the proposed annexation that will provide adequate sewer service. 2 Existing and Proposed Land Uses §31-12-108.5 (1)(a)(111) The properties proposed to be annexed in the Wilson Ranch Annexation are currently zoned as FA-1 in Weld County and are currently being used for agricultural purposes. The owners have requested that the properties be zoned PUD Planned Unit Development District upon annexation to allow the development of a variety of residential and nonresidential uses. Please see the proposed uses on the attached draft of the overall development plan. Pre-annexation Agreements §31-12-108.5 (1)(b) Annexation of the Wilson Ranch Annexation is specifically conditioned upon the Town concurrently approving an Overall Development Plan and an Annexation and Development Agreement with terms and conditions acceptable to the developer, which terms and conditions are under negotiation with the Town. Municipal Services §31-12-108.5(1)(c) The information below includes a list of the existing services being provided to the properties proposed to be annexed and the proposed services upon annexation. Existing Services Proposed Services Johnstown Fire Protection District Berthoud Fire Protection District Weld County Sheriff Town of Berthoud Police Public Service Same Poudre Valley REA Same Weld County RE-5J School Dist. Same Water (none) Town of Berthoud Wastewater (none) Town of Berthoud Weld County Library District Berthoud Public Library Financing of Municipal Service Expansion §31-12-108.5 (1)(d) The Town has the ability to issue bonds or require security for the expansion of services to the Wilson Ranch Annexation. A State Revolving Loan Fund could finance the new wastewater treatment plant. The bonds could be repaid through tap fees and is a way in which development will pay for its fair share of development. The Developer will be required to pay its fair share in accordance with the terms of the Annexation and Development Agreement with the Town. 3 Existing Districts §31-12-108.5(1)(e) Listed below are the existing districts within the area to be annexed: Town of Berthoud Water/Little Thompson Water District Johnstown Fire Protection District Weld County RE-5J School District Big Thompson Soil District Weld County Weld County Library District Aims Junior College District Northern Colorado Conservancy District Anticipated Impacts and Costs to Schools § 31-12408.5 (1)(f) Pursuant to the Intergovernmental Agreement Concerning Annexations and School Site Dedications or Payments in Lieu for School Purposes between the Weld County School District No. Re-5J ("District") and the Town, the Developer shall meet the District's school impact requirements either through the dedication of mutually-agreeable school sites or through the payment of fees in lieu thereof of $750 per dwelling unit or a combination of both. 4 PETITION FOR ANNEXATION The undersigned Petitioner, in accordance with Article 12, Chapter 31, C.R.S., as amended, hereby petitions the Board of Trustees of the Town of Berthoud, Larimer and Weld Counties, Colorado, for annexation to the Town of Berthoud of the unincorporated territory located in Weld County, Colorado, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference, to be known as the Wilson Ranch Annexation, and in support of said Petition, alleges that: 1. Because of the significant amount of revenue that maybe generated for the Town of Berthoud as a result of development, it is desirable and necessary that the area comprised of 1,563.27 acres and legally described on Exhibit "A" attached hereto and incorporated herein by this reference, be annexed to the Town of Berthoud, Colorado; 2. The requirements of C.R.S. Sections 31-12-104 and 31-12-105 exist or have been met; 3. The perimeter of the area proposed to be annexed has a distance of 37,650.00 feet of which 13,210.67 feet are contiguous to the existing boundary of the Town of Berthoud, resulting in not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed being contiguous with the Town of Berthoud, Colorado; 4. A community of interest exists between the area proposed to be annexed and the Town of Berthoud, Colorado; 5. The area proposed to be annexed is urban or will be urbanized in the near future; 6. The area proposed to be annexed is integrated or is capable of being integrated with the Town of Berthoud, Colorado; 7. No land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: a. Is divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels are separated by a dedicated street, road or other public way; b. Comprising twenty (20) acres or more and which, together with the buildings and improvements situated thereon has an assessed value in excess of Two Hundred Thousand Dollars ($200,000.00) for ad valorem tax purposes for the year preceding the annexation, is included within the territory proposed to be annexed without the written consent of the landowner or landowners. 1 8. No part of the area proposed to be annexed is more than three miles from a point on the municipal boundary, as such was established more than one year before this annexation will take place; 9. The area proposed to be annexed is located within Weld County, the Johnstown Fire Protection District, the Weld County Library District, the Weld County School District RE- 5J, the Aims Junior College District, the Northern Colorado Water Conservancy District, the Little Thompson Water District, and the Big Thompson Soil District; 10. The area proposed to be annexed is not presently a part of any incorporated city, city and county, or town, and is not the subject of annexation proceedings to any other municipality; 11. Petitioner represents that no part of the property to be annexed is included within any site specific development plan approved by Weld County, Colorado, and hereby waives any and all "vested rights" previously created pursuant to Section 24-68-103, C.R.S., as amended, such waiver to take effect upon the effective date of the ordinances annexing and zoning the area proposed to be annexed; 12. The signer of the Petition one hundred percent (100%) of the landowners of the area proposed to be annexed and owns one hundred percent (100%) of such area; 13. The mailing address of each signer, the legal description of the land owned by each signer and the date of signing of each signature are all shown on this Petition; 14. Accompanying this Petition are twelve (12) prints of the annexation map containing the information required under Section 30-16-300 (B) of the Town of Berthoud Development Code; 15. This annexation and all promises and obligations of Petitioner contained herein are specifically conditioned upon the Town of Berthoud concurrently approving an Overall Development Plan for the area proposed to be annexed with conditions acceptable to Petitioner and an Annexation and Development Agreement between the Petitioner and the Town of Berthoud with the terms and conditions acceptable to Petitioner, which terms and conditions shall be additional conditions and covenants running with the land as effectively as if set forth in full in this Petition; 16. Except as may be modified by the Overall Development Plan, Annexation and Development Agreement or as otherwise waived by the Board of Trustees of the Town, the Petitioner agrees to the following conditions, which shall be covenants running with the land, and which shall, at the option of the Town of Berthoud, appear on the annexation map: a. Petitioner shall pay the reasonable and applicable development, infrastructure, facilities and capital impact fees and shall make the land, easement, setback and open space dedications required by the Town of Berthoud Development Code and the ordinances and intergovernmental agreements of the Town of Berthoud; 2 b. Petitioner agrees to the imposition of reasonable growth management controls upon the area to be annexed; c. Any development within the annexed territory shall comply with the Town of Berthoud Comprehensive Plan and Land Use Plan; 17. Petitioner requests that the area proposed to be annexed be placed in the PUD Planned Unit Development District upon annexation as required by Section 30-5-101(C) of the Town of Berthoud Development Code. 18. Petitioner reserves the right to withdraw this Petition for Annexation at any time prior to the effective date of the ordinances annexing and zoning the area proposed to be annexed. EXECUTED this 11 day of ?„..c.‘. , 2003. Petitioner: WILSON HOMESTEAD LIMITED PARTNERSHIP, a Colorado Limited Partnership By: Wilson's Little Thompson Farms Limited Liability Company, a Colorado Limited Liability Company, General Partner o BY: GCrrn nf��✓L2or� Cleon L. Wilson, Manager Mailing Address of Petitioner: 4350 Weld County Road 44 Johnstown, Colorado 80534 P.• F Uef� �P:O1 zit pNNN01. i o o „Ugh_ 0, Ce-o-c a.aoc :QQ 1 a�nzti `�e�E OF C Potty y fu b/,'c My Commission Expires 5/28/2005 3 AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: That he was the circulator of the foregoing Petition for Annexation of lands to the Town of Berthoud, Colorado, consisting of 5 pages, including this page and that the signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. :r Q Steve'Schroyer, CuCto STATE OF COLORADO ) ,o ) ss. COUNTY OF Xce/ earee,C ) The foregoing Affidavit of Circulator was subscribed and sworn to before me this pric- day of cad- , 2003, by Steve Schroyer. Witness my hand and official seal. (11;07 GE n 1. HIND MC. 72 / My commission expires: Y Commission Expires 5/28/2005 :0}CO`oPp Notary Public 4 . EXHIBIT A PROPERTY DESCRIPTION A TRACT OF LAND LOCA1_ED IN SECTIONS 23 &26,AND THE WEST HAT F OF SECTION 25,TOWNSHIP 4 NORTH,RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD,STALE OF COLORADO,BELNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 23,AND CONSIDERING THE EAST LINE OF SAID SECTION 23 TO HAVE AN ASSUMED BEARING OF S00°01'33"E WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID LINE S00°01'33"E, 5326.67 FEET TO THE SOUTI LEAST CORNER OF SAID SECTION 23, SAID POINT BEING MARKED BY A 21/2"ALUM. CAP STAMPED LS 26969; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 25, N89°31'10"E,2645.96 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 25,SAID POINT BEING MARKED BY A 3 )74"ALUMINIUM CAP STAMPED LS 22098 NA MONUMENT BOX; THENCE ALONG THE EAST LINE OF THE WEST HALF OF SAID SEC 11ON 25,S00°00'44"E, 5304.42 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 25,SAID POINT BEING MARKED BY A 21/2"ALUMINUM CAP STAMPED LS 12374; THENCE ALONG THE SOUTH LINE OF THE WEST HALF OF SAID SECTION 25, 589°45'21"W,2644.82 FEET TO THE SOUTHEAST CORNER OF SECTION 26,SAID POINT BEING MARKED BY A 2 1/2"ALUMINUM CAP STAMPED LS 12374; THENCE ALONG THE SOUTH LINE OF THE EAST HALF OF SAID SEC,_ITON 26, 589°56'36"W,2639.66 FEET TO THE SOUTH QUARTER CORNER OF SAID SEC1'1ON 26,SAID POINT BEING MARKED BY A 2 1/2"ALUMINUM CAP STAMPED IS 31169; THENCE ALONG THE SOUTH LINE OF THE WEST HALF OF SAID SECTION 26, S89°07'14"W,2621.78 FEET; THENCE N00°06'57"E,200.00 FEET; THENCE 589°53'03"E, 105.00 FEET; THENCE N00°06'57"E, 5083.30 FEET; THENCE N89°57'48"E,469.35 FEET; THENCE N40°40'35"W, 691.15 FEET; THENCE N00°08'56"W,3950.06 FEET; THENCE N30°10'02"E, 941.02 FEET; THENCE N89°14'20"E,2004.67 FEET; THENCE S00°05'20"E, ram FEET; THENCE N89°14'23"E, 100.01 FEET; THENCE N00°05'20"W,200.01 FEET; THENCE N89°14'23"E,2555.11 FEET TO THE POINT OF BEGINNING. SAID PARCH CONTAINS 1,563.27 ACRES (68,096,043 SQUARE FEET)MORE OR T.F55 AND IS SUBJECT TO ALL RIGHTS-OF-WAY,EASEMENTS AND RESTRIC1'1ONS NOW IN USE OR OF RECORD. EXHIBIT lI . WILSON RANCH • LEGAL DESCRIPTION • A TRACT OF LAND LOCATED IN SECTIONS 23& 26.AND THE WESTHALF OFSECTION 25.TOWN- .SHIP4 NORTH,RANGE 68 WEST OPINE 6TH P.M.,, - . .. • COUNTY OF WELD,STATE OF COLORADO,BE- .. • RESOLUTION NO.3-03 ING MORE PARTICULARLY DESCRIBED AS FOL- LOWS: BEGINNING AT.THE NOIiTHGA5T CORNER OF OF BE IT RESOLVED BYTHE BOARD OF TRUSTEES SAID SECTION 23,AND CONSIDERINGTHE EAST WELDEOUWNS,COLORADO THAT: *. AND WELD COUNTIES,COLORADO THAT: • LINE OF SAID'SECTION 23 TO HAVE AN AS- SUMED BEARING OF S00-01'33'E WITH ALL I. At the regular meeting of the Board of Trustees on • OTHER BEARINGS CONTAINED HEREIN RELA- February 25,2003,the annexation petition for the Wit. 7IVC-THERETO; son Ranch Annexation was submitted to the Board of ' Trustees by the Clerk as a communication pursuant to • THENCE ALONG SAID LINE 500—OI'33'G 3326.67 FEETTOTHESOUTHEASTCORNER OFSAID SEC.- Section The l cation( f TION 23.SAID POINT BEING MARKED BY A 2 I/ Exh 5 t The tt attached of the and incorporated is t described on r ALUM.CAP STAMPED LS 26969: • Exhibit"A" hereto inmryoraleJ herein by .THENCE ALONG THE NORTH LINE OF THE '.rcfcrcnec. NORTHWEST QUARTER OF SECTION 25, 2. At its meeting on February 25.2003.the Dowd of N89-3 I'IO-E,2645.96 FEETTOTHE NORTH QUAR- Trustees reviewed the petition and found that therequire. TER CORNER OF SAID SECTION 25,SAID POINT menu set forth in Section 31.12.107(1),C,E,S.had been BEING MARKED BY A 3 l/4'ALUMINIUM CAP substantially complied with. STAMPED U 22098 INA MONUMENT BOX: ' • THENCE ALONG THE EAST LINE OF THE WEST.. _ 3, Pursuant to Section 31-12-108(1),HALF OFSAID SECTION 25,500-00'44'E,.5304.42 C.R.S.,the Board of Trustees hereby sets the date for FEETTOTHESOUTH QUARTER CORNER OFSAID the hearing on the annexation petition for April 8,2003"SECTION 25,SAID POINT BEING MARKED IIyA 2 at 7:30 P.M.in the Town of Berthoud Board Room lo- 12eALUMINUM CAP STAMPED LS 12374:' cued at 328 Massachusetts Avenue,Berthoud,Colorado. THENCEALONOTHE SOUTH LINE OFTHEWEST Notice of this hearing is to be published in compliance HALFOFSAID SECTION 25,589-45'21'W 2644.82w with the requirements of the Annexation Act of 1965. FEETTO THE SOUTHEASTCORNEROPSECTION 26,SAID POINT BEING MARKED BYA212'ALU.. t MINUM CAP STAMPED U 12374; :4. The purpose of this hearing shall be to meets the determine • THENCE ALONG THE SOUTH LINE OF THE EAST' • whether the area proposed tobeanncxWmeetstheI2- .HALFOFSAID SECTION 26,589-56'36"W,2639.66 plicablc rcquirenrs (r 104 and 31-12- FEETTOTHESOUTHQUARTERCORNEROFSAID• ' IOS,Cn� and is eligible for annexation. SECTION 26,SAID POINT BEING MARKED BYA 2 .1/2-ALUMINUM CAP STAMPED 1431169; ' 5. Intheeventthe Board ustces finds that the slate- THENCEALONG THE SOUTH LINE OF THE WEST tory prerequisites for annexation have been met the HALF OFSAID SECTION 26,589-07'14'W.2621.78 Board will hold a public hearing on the ordinance an- . FEET: - noxing this property. • • THENCE N00..06'57'E,200.00 FEET; ' THENCE 589-53'03'E,105.00 FEET: This resolution was passed by a vote of.1 in favor and THENCE N00..06'57'E•5083.30 FEET;' • 2 opposed at the special meeting of the Board of Trust- THENCE N89..57'48'E,469.35 FEET: ces on the 25th day of February.2003. ' THENCE N40..40'35'W,-691.15 FEET: THENCE-N00-O8'56"W,3950.06 FEE•T;. ' . TOWN OF BERTHOUD: ' THENCE N30-I0'02'E,941.02 FEET: - • THENCE N89-14'20*E,2004.67 FEET; • Mary K.Gowdin-Town Clerk THENCE SOO..05'20'E,170.01 FEET: - - . Milan Karspeck-Mayor THENCE N89-14'2TE.100.01 FEET; _ . THENCE NOO-05'20'W,200.01 FEET, THENCE N89-14'23"E, 2555.11 FEET TO THE POINT OF BEGINNING. . SAID PARCEL CONTAINS 1,563.27 ACRES (68.096,043 SQUARE FEET)MORE.OR LESS AND' IS SUBJECT TO ALL RIGHTS-OF-WAY,EASE- MENTS AND RESTRICTIONS NOW IN USE OR OF RECORD.. .. Published in the Old Berthoud Recorder March 6, 13, . 20,27&April 3,2003 LgIB2003.33 - - • N ,-- �Y'Y' v . - _ b.N w t . © BF,RTHOUD INFRASTURCTURE MAP t� = ` ` . d ' � AS EXISTING AND PROPOSED rv • btr FOR THE WILSON RANCH ANNEXATION Y )• ... 1 a . tr. or WCR ,.�_ .. ... ; f + . a _ _ el�- - }4. - i r ,� ` t i q .t.1 F Acct,' tl;F. � t. Ii ,k.-, ,it, if t a f A SEWER PLANT AND MAJOR TRUNK LINE- 2 a- * • R� PROPOSED IMPROVEMENTS OF ADJACENT yt\k( ,≥, ette z'e• "T B� _ STREETS. it te �`^, I !l ,' '-- p° r , EXISTINCG 12" WATER LINE EXTENSION TO } ' to SERVICE DEVELOPMENT. t + IT SHOULD BE NOTED THAT EXISTINCs a .� NATURAL GAS AND ELECTRIC CURRENTLY t . „ • ' ` ; * . EXIST IN THE W.G.R. 44 RIGHT OF WAY. '� yz5 ♦ �, _? .. w0.' . ~ J ' tfor �f .--s � p'i t. _ h- iyy a et , ti ice+p Y ii.P4y§` i i`"�".. C �P am' �+c. a" at y, �5 yS ' s't"; r x e -0,-_ a^➢ 2 yip 1 �.v a l - s4 'acs.. 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T N MAT 11■OOMCID NCYt l-RR II,7000 AT�ltEPT QN MO.220124& �..a ..� P�we P>m1lf-cf-1167 N rAtw I�cOIrD�PtA1tIGT•I t.nss N■OQG Ww rAarr!NM AND IDGIErt . • i ."•�" � ,"' ALf10 Qom[111A PtORfION Dm,TO Tit TOM OF LtRfiIOID Cwl? t 07 t '; r: SAO DMCiMOP LAND GQifA14 leint41 ACRID HORS OR UMW IVO N wS t TO ANY AND ALL} -CF^WY OF IOCORD OR 114AT NOW i 1 ,1 : . t 1 .+ .' D.O/T ON THE GROUND. 1 `` _:. I .I. -._. AIXACE T ZONING MAP 11 ii, ,.... 1 _ ... , . i ailIMIRCIAMTAIL '—'....Nil MAJOR UAL - ' ":r,-/-.'•.--:•-”I . (r rt F n w j IDLE �:- S►A� ,MAJOR ROADWAY ' H • --:_:_I 41 A/IVOR AQQSi 1ONf rose a'. IIIIIV:(9. illi .-.' Ei . 1 c \\---- .; Th il lir .. ,. , , ‘ , ..., . . . az. fli 1 ii 1' ,a, --..:;:i.„._ \I.,.f,.:::::::::::::\,. .i , ;. , ' _ .. l /.. ... ......,. ....,_: 3 ,: . „ 1 a \i / A • ff ,,, 4,;.. . -...I r y - , IN',...., ,..., ) s /1 f i t i , ,I .1 .; - ....,...,.,_ ....,,,., ,.. " ,, , ,.„, .... . .. ., .. : . . -'—'111i.•• IN7nEWIYIIIIMII r0. b e te`' �. 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